HC stays order of withdrawal of permission to Jammu Institute of Ayurveda & Research

02/11/2018

JAMMU, NOV 1: In a petition filed by Jammu Institute of Ayurveda & Research seeking quashment of the order whereby Union Govt vide order F. No. R-17011/36/2015-EP(IM-I) dated 26.09.2018 whereby permission granted in favour of the Petitioner-Institute vide order dated 16.7.2015 for a period of five years has been withdrawn and denied for conducting 90 seats in B.A.M.S (UG) course and 15 seats in 03 PG Courses namely (i) Kayachikitsa (05 seats), (ii) Shalya Tantra (05 seats) and (iii) Kriya Sharir (05 seats) under section 13A/13C of the Indian Medicine Central Council Act, 1970, being totally illegal, arbitrary and contrary to the provisions of law. Justice Dhiraj Singh Thakur of J&K High Court Jammu Wing after hearing Adv Veenu Gupta appearing for the petitioner observed that Order dated 26.09.2018 is challenged on the ground that the same was based upon the inspection conducted by the Ministry of Ayurveda, Yoga & Naturopathy, Unani, Sidha and Homeopathy and not by Central Council of Indian Medicine, which is a statutory body created under the Indian Medicine Central Council Act, 1970.Reliance is placed upon the Apex Court Judgment dated 17.07.2018 in "The Temple of Hanemann Homoeopathic Medical College and Hospital v. Union of India and ors'% to support and buttress the issue in question that even the Apex Court held that while the Central Government may have a right to have a college inspected for the purposes of ensuring standards, yet the inspection can be got conducted only through the staturory bodies like Central Council of Medicine in case of Ayurveda Yoga Unani & Sidha and by the Central Council of Homeopathy in case of Homeopathy. Court further observed that prima facie, a case is made out in favour of the petitioner and issued notice to the respondents returnable within three weeks and Meanwhile, subject to objections and till next date before the Bench, the order impugned dated 26.09.2018 shall stay. JNF